Eric C. Pai

Partner | Palo Alto

epai@mofo.com | (650) 813-5623

epai@mofo.com
(650) 813-5623

Eric represents clients in patent litigation involving a wide range of technologies, including pharmaceuticals, biotechnology, medical devices, smartphones, GPS systems, wireless telecommunications, software, and semiconductors.

Eric also has represented technology and life sciences companies in complex commercial litigation and licensing disputes. He has examined witnesses and presented closing argument at trial and successfully argued Markman and summary judgment hearings.

While in law school at Yale, Eric served on the board of the Yale Law Journal and as editor in chief of the Yale Journal on Regulation. During his undergraduate career at Stanford University, Eric was elected to Phi Beta Kappa.

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Experience

  • (Northern District of California). Represented the world’s largest maker of DNA sequencing systems, Applied Biosystems (AB), against one of its biggest competitors, Illumina, seeking a declaratory judgment that AB’s newest DNA sequencing system did not infringe on patents held by Illumina and that the patents were invalid. The patents involved biotechnology, electronics, and software elements. AB prevailed on a key summary judgment ruling of non-infringement on one of the four asserted claims. During trial, Eric eliminated one other claim as invalid, and another as not infringed. After a three-week trial, the jury agreed that AB’s probes did not infringe the remaining claim. All rulings were affirmed on appeal.

  • (Northern District of California). Part of a team that secured a victory on behalf of Sandoz Inc. in the first case to interpret the Affordable Care Act’s Biologics Price Competition and Innovation Act (BPCIA). The federal district court ruled in Sandoz’s favor on all issues before the court, adopting Sandoz’s interpretation of the BPCIA in all respects. The court also denied Amgen’s motions urging a contrary interpretation and seeking a preliminary injunction.

  • (Northern District of California). Represented Hemisphere GPS in defending against patent infringement claims involving GPS technology used in agriculture. Trimble sought over $50 million in damages. Hemisphere won summary judgment of non-infringement on all asserted claims. As a result of this victory, only Hemisphere’s counterclaims for invalidity and inequitable conduct remained, and the case settled on favorable terms shortly before trial.

  • (District of Delaware). Represented Altera in patent infringement action relating to field programmable gate arrays. The case settled on favorable terms.

  • (District of Delaware). Represented APP Pharmaceuticals in Hatch-Waxman litigation relating to bivalirudin drug product. The Case settled on favorable terms.

  • (Western District of Oklahoma). Represented CoMentis in patent infringement action involving Alzheimer’s drug development tools. Eric successfully obtained dismissal of all claims for lack of standing.

  • (International Centre for Dispute Resolution). Represented a Japanese electronics manufacturer in complex multi-phase arbitration relating to wireless telecommunications and standards-essential patents.

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